Sacks v. Commonwealth, Department of Public Welfare

OPINION OF THE COURT

FLAHERTY, Justice.

This case presents the question of under what circumstances a government employee may be disciplined because of his public statements which are critical of the government agency for which he works. The Supreme Court of the United States, addressing this problem, has stated:

In Pickering v. Board of Education, 391 U.S. 563 [88 S.Ct. 1731, 20 L.Ed.2d 811] (1968), we stated that a public employee does not relinquish First Amendment rights to comment on matters of public interest by virtue of government employment. We also recognized that the State’s interests…